Slavery by Another Name, Douglas Blackmon’s 2008 Pulitzer Prize–winning history about what amounted to re-enslavement of many black people from the end of the Civil War up until World War II, locates the roots of the modern prison-industrial complex in America’s post-Reconstruction era, the convict leasing program and the Black Codes. The Black Codes were laws—criminalizing acts ranging from vagrancy to speaking too loudly in front of white women—passed with the sole purpose of arresting black men and forcing them back in unpaid labor. Blackmon writes:
Vagrancy, the offense of a person not being able to prove at a given moment that he or she is employed, was a new and flimsy concoction dredged up from legal obscurity at the end of the nineteenth century by the state legislatures of Alabama and other southern states. It was capriciously enforced by local sheriffs and constables, adjudicated by mayors and notaries public, recorded haphazardly or not at all in court records, and, most tellingly in a time of massive unemployment among all southern men, was reserved almost exclusively for black men.
Early in the twentieth century, Southern states passed laws that further criminalized the behaviors and very existence of black people in public spaces, establishing Jim Crow segregation. In 1984’s Race, Reform, and Rebellion, Manning Marable writes, “South Carolina insisted that black and white textile workers could not use the same doorways, pay windows, bathrooms or even the same water buckets. Many cities passed ordinances which kept blacks out of public parks and white residential districts. Atlanta outlawed black barbers from clipping the hair of white children and women in 1926.”
“At the dawn of the twentieth century, in a rapidly industrializing, urbanizing, and demographically shifting America, blackness was refashioned through crime statistics,” writes Khalil Gibran Muhammad in The Condemnation of Blackness (2010). “It became a more stable racial category in opposition to whiteness through racial criminalization.”
I cite these sources because it’s important to understand the history of criminalizing black bodies for seemingly mundane actions.
Back in May, I wrote about how the crackdown on New York City subway dancers, mostly adolescent black boys, was another way of criminalizing black youth even as the number of people stopped and frisked by the NYPD plummeted. In a column for the New York Daily News, Harry Siegel responds:
Mychal Denzel Smith wrote in The Nation that the 46 reckless endangerment arrests in the first four months of this year [for subway dancing] amounted to “criminalizing black youth.” Smith, putting words in Bratton’s mouth, went on: “Those scary, disorderly, dancing young black bodies. Always causing fear.”
That seems to be more Smith’s obsession than Bratton’s, reducing these teenagers from people to totemic symbols and ideological props, as though dancing on the trains is some sacred ritual and any attempt to move it to parks or other places people are free to leave proves the NYPD’s secret role as the racist art police.